Extinctive Prescription Of Property Rights Claims

There are several formats of law-makings about whether the petition right over things should eliminate for the negative prescription, and so does in the theoretic. As an independent petition right, the petition right over things has its own special character and is different from the petition right of the obligatory right. Meanwhile, theoretically, the object of negative prescription generally is the petition right, particularly the petition right of the obligatory right. In view of the special relationship between the real right and the petition right over things and the absolute security of the real right, whether the petition right over things should eliminate for the negative prescription has become one of the most controversial issues. The paper studies the issue through analyzing the character of the petition right over things, the relationship between the real right and the petition right over things, and the object of negative prescription. Eventually it reaches the conclusion that the petition right over things should eliminate for the negative prescription. Under the conclusion, through further analyzing the various kinds of the petition right over things, the paper deems that the petition right on removal of interference and on prevention against interference should not eliminate for the negative prescription, while the petition right on recovery of belongs and on recovery of original state, particularly the petition right on recovery of the registered real property, should eliminate for the negative prescription.